§ 410.050. No Plat Approved Prior To Compliance Without Subdivision Contract.  


Latest version.
  • A. 
    No plat shall be approved by the City of Palmyra until the proprietor shall have either:
    1. 
    Complied with all of the provisions of this Chapter, including the completion and construction of all improvements, and either the City Engineer; or the Superintendent of the Board of Public Works, Street Superintendent, and Code Enforcement Officer; or other designee of the City Council, have signed a Certificate of Development certifying that the proprietor has developed all lots in a manner satisfactory to and in conformity with this Chapter, including the completion and construction of all improvements; or
    [Ord. No. 1178-16-04, 7-14-2016]
    2. 
    Until the proprietor shall have made, executed, acknowledged and delivered to the City of Palmyra, a subdivision contract in writing, in a form satisfactory to City, together with a sum sufficient for the recording of said contract in the County Recorder's office.
    3. 
    Said subdivision contract shall be in a form approved by the City and shall provide either of the following:
    a. 
    That the proprietor shall not sell or convey any lot in such addition or subdivision, or lease the same for building purposes, until either the City Engineer, or the Street Superintendent and the Superintendent of the Board of Public Works, or other designee of the City Council, shall have signed a written Certificate of Development certifying that the proprietor has developed all lots in a manner satisfactory to and in conformity with this Chapter, including the completion and construction of all improvements; or,
    b. 
    That the proprietor shall provide either a performance bond or an irrevocable letter of credit in a form satisfactory to the City in an amount estimated by the City to be necessary to develop said subdivision in conformity with this Chapter, including the completion and construction of all improvements. Prior to the execution of said contract, proprietor shall provide City with a detailed estimate of the cost to complete and construct such improvements.
    4. 
    If the subdivision contract provides for either a performance bond or an irrevocable letter of credit, then said contract shall further provide the following:
    a. 
    That the City reserves the right, in its sole discretion, to amend the amount of said performance bond or letter of credit by decreasing the amount required in said performance bond or letter of credit, based on the partial compliance by proprietor with the provisions of this Chapter.
    b. 
    That said performance bond or letter of credit shall be conditioned upon the completion and construction by proprietor of all improvements in accordance with the plat of said subdivision and as required by this Chapter, compliance by proprietor with all provisions of this Chapter, and compliance by proprietor with all provisions of said subdivision contract.
    c. 
    That any surety on said performance bond and any issuer of said letter of credit shall be subject to the approval of the City.
    d. 
    That City, in its discretion, may waive such performance bond or letter of credit and, in lieu of such performance bond or letter of credit, accept the deposit of a cashier's check or certified check payable to City, with the same conditions as such performance bond or letter of credit.
    e. 
    That all improvements shall be completed and constructed within a designated time. If at the end of the time so specified, all improvements have not been completed and constructed by the proprietor, the City may extend the time for the completion and construction of such improvements. If such improvements have not been completed and constructed within the specified time or within the extended time, the City may require the surety on said performance bond or the issuer of said letter of credit to pay City the lesser of the amount required to complete such improvements, or the amount of the performance bond or letter of credit.
    f. 
    If all improvements shall be completed and constructed in accordance with the subdivision contract, then the City Engineer, or the Street Superintendent and the Superintendent of the Board of Public Works, or other designee of the City Council, shall sign a written Certificate of Development certifying that the proprietor has developed all lots in a manner satisfactory to and in conformity with this Chapter, including the completion and construction of all improvements, and thereby releasing the performance bond, irrevocable letter of credit, cashier's check or certified check provided by proprietor to City.
Ord. No. 608 §5; Ord. No. 1025-98-07 §1, 12-3-1998; Ord. No. 1032-99-04 §1, 2-18-1999; Ord. No. 1033-99-05 §1, 2-18-1999; Ord. No. 1034-99-06 §1, 2-18-1999